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What is a Bylaw

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The “by” in bylaw is an old Norse word that means “town.” A bylaw is simply a
town, or local, law.

Bylaws can’t be created out of thin air. Canadian
municipalities don’t have constitutional status of their own, so they can only
pass laws authorized by other levels of government. Statutes like the
Municipal Government Act and the Traffic Safety Act delegate
authority for local bylaws. The “whereas” clause you see at the beginning of
bylaws usually explains where the authority for the bylaw is coming from.

Some bylaws are mandatory. For example, every municipality in Alberta
must pass a Land Use Bylaw. Some bylaws are required only if a municipality
wants to carry out a certain type of activity. A town doesn’t have to require
business licensing, for example, but if they do, they need a bylaw. Bylaws can
also customize provincial statutes to allow for local enforcement or reduced
fines in areas like traffic safety.

What is a bylaw “reading?”

You might notice in the paper that a bylaw has received “first
reading,” or that it passed “third reading.” All bylaws must pass three readings
before they can become law. All this means is that council has three separate
chances to consider the pros and cons, and to vote, on a particular bylaw. This
regulation is there to ensure that every bylaw is carefully considered before it
is passed.

First reading is a test of whether or not council wishes to consider an
issue at all. It is not usually an indication of whether or not council supports
the bylaw.
Second reading is when council can debate the issue, make amendments, and
vote again. This time, council is voting on whether or not they support the
bylaw.
Third reading is the last chance for debate, amendments and voting.

If a bylaw fails any of the readings, it dies.

Does the public have opportunity for input?

Lots of
things can happen in between bylaw readings. In some cases, like Land Use
Bylaws, municipalities are required to hold a public hearing after first reading
has passed, but before second reading is considered. The reason first reading
must be passed, well, first, is so council can decide if they support continuing
with the debate at all. After the public hearing, council will call for second
reading, which is when they can debate the bylaw, propose changes, and
ultimately vote on whether or not it should pass.

Sometimes council will
decide to hold a public hearing, or gather public input in other ways, even when
it is not required by legislation. Council also sometimes asks municipal staff to
provide more information before a final decision is made. This usually happens
after second reading, when council has had a chance to debate the issue and
determine if they need more input before continuing.